-324- Issue IV. Whether Kanter Received Unreported Income From Hi- Chicago Trust During 1981 to 1983 (STJ report at 106- 111)130 Respondent determined that payments of $42,720, $19,247, and $109,399 Hi-Chicago Trust made to THC during 1981, 1982, and 1983, respectively, constituted income earned by Kanter. The parties filed with the Court a stipulation of settled issues in which Kanter conceded the adjustment for the taxable year 1981. The parties disagree whether the payments Hi-Chicago Trust made to THC during 1982 and 1983 represent Kanter’s income. FINDINGS OF FACT Hi-Chicago Trust was established in 1972. The trust’s beneficiaries included members of Hyman Federman’s family. Federman is a friend of Kanter. Neither Kanter nor Kanter’s family are or have been beneficiaries of the trust. From Hi-Chicago Trust’s inception in 1972 through at least 1989, Kanter was trustee for the trust. The trust instrument 130 The STJ report recommended holding that respondent is barred from making any determination concerning the taxable year 1983 on account of the expiration of the period of limitations governing assessment and collection for that year. As previously discussed, we determined that Kanter’s income tax returns for the years at issue were fraudulent, and, therefore, the period of limitations remains open pursuant to sec. 6501(c)(1). The foregoing aside, the Court’s disposition of this issue represents in large measure a wholesale adoption of the recommended findings of fact and conclusions of law set forth in the STJ report.Page: Previous 314 315 316 317 318 319 320 321 322 323 324 325 326 327 328 329 330 331 332 333 Next
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